Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Order 42 rule 13

Legal area

Court

31 May 2024

ERAWISH PARTNER SDN BHD SMGB GROUP SDN BHD

Citation

BA-22NCvC-337-08/2023 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-337-08/2023 (Mahkamah Tinggi)

Defendant's application to set aside a regular default judgment was dismissed because the defendant failed to provide convincing and legitimate reasons for the delay beyond the 30‑day limit under Order 42 r13 and failed to demonstrate a prima facie defence on the merits; no exceptional circumstances justified extension of time and the pleaded defences were without merit.
17 Nov 2022

PEMPETISYEN SANJEET KAUR A/P HARPAJAN SINGH VARIN DERJIT SINGH A/L MEHAR SINGH

Citation

WA-33-448-10/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-33-448-10/2020 (Mahkamah Tinggi)

The respondent's application was dismissed because it was filed beyond the 30‑day period prescribed by Order 42 r13 without satisfactory explanation (evidence showed service on 21 June 2022 and filing only on 12 August 2022); petitioner complied with Order 52 r3(2) and the notice requirement under Order 52 is met by service of the r4(3) documents per Tan Poh Lee; therefore leave to proceed with committal stands and the committal application must be heard on its merits before any further applications by respondent are dealt with.